Postnuptial Agreements

We regularly advise clients in relation to postnuptial agreements, whether freestanding or following a prenuptial agreement or foreign marriage contract.

Many couples also choose to have a postnuptial agreement when they are relocating to the UK and want to protect their assets and have some certainty in case of a future English divorce. 

Postnuptial agreements enable you to agree the financial consequences of any future divorce, so that you and your partner can get on with your lives together. 

We handle the process sensitively, always bearing in mind your relationship and your long term interests.  We can have as much or as little involvement in the negotiations as you want us to.  Some clients come to us with a very clear idea of the key terms of their postnuptial agreement and others want advice on what would be the appropriate level and structure of financial provision. As with prenups, both you and your spouse are required to give financial disclosure before the postnup is finalised. 

We help negotiate directly with your partner’s lawyers in the way you want us to, either at meetings, by telephone or in writing.  Alternatively, we can advise you on your direct negotiations with your partner.  We will advise you in relation to the drafting of the agreement and ensure the terms are clear and comprehensive.

We can also work closely with our Private Client team to advise you in relation to tax and succession planning, including drafting Wills concurrently with the postnup.

What is a postnuptial agreement?

An agreement entered into after marriage or civil partnership that regulates the financial terms of separation, divorce or dissolution.  In the case of civil partners, they are sometimes referred to as post-civil partnership agreements or “post-cips”.

Are they legally binding?

If done properly, it is extremely difficult to challenge the terms of a postnuptial agreement.  Postnups are not strictly legally binding, but they can be more likely to be upheld than prenuptial agreements because there is no looming wedding date putting pressure on the couple to sign up. 

Why would I need a postnup if we have already signed a prenup?

When there is any concern about the strength of a prenup (for example, if it was only signed the day before the wedding), clients sometimes wish to sign a postnup to reaffirm the terms of the prenup.  Postnups are also useful where there has been a change in circumstances since the prenup was signed (for example, an unexpected inheritance or career change) in order to re-visit the terms of the prenup.  Postnups are also considered where a couple has had relationship difficulties and want the marriage to continue with financial peace of mind.

Recent examples of work

  • Acting for a high net worth Middle Eastern client relocating to the UK with his wife, who wanted to ensure that his assets (built up before the marriage) were protected in the event of divorce.
  • Acting for a wife who was reconciling with her husband, a banker, and wanted to ensure certainty and security in case of a future separation.

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If you require further information or advice from our team of specialist family lawyers, please contact a member of our team or call us on +44 (0)20 7814 1200.

"They made a very difficult time much easier to deal with. Their professionalism kept me sane and focused on the outcome I needed"

Client

"It's a team that has a great breadth of experience across the board and particularly in international cases"

Chambers UK, A Client's Guide to the UK Legal Profession

"All have been excellent and have shown great diligence and practicality, along with sensitivity during a very difficult time in my life"

Client

"Rolls-Royce service and particularly good when there's a European element to the case"

Chambers UK, A Client's Guide to the UK Legal Profession

"A standout firm"

Legal 500 UK

"Professional yet sympathetic manner and the team always fights hard to defend your interests"

Chambers UK, A Client's Guide to the UK Legal Profession

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enquiries@kingsleynapley.co.uk

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